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I spoke with one lawyer who looked at my case and suggested that my misdemeanor case was not a domestic nor a felony. Eventually, with this knowledge I felt safe in purchasing a firearm. I had to fill out a 4473 form today and after filing things out I started to re-read the wording a lot and after researching further and getting some VERY HELPFUL answers here, I'm pretty sure I answered a question incorrectly. I wasn't aware that my case was considered a domestic misdemeanor. But it appears to be. What next steps can I take to try and circumvent a prosecution against me from ATF? Is there a way I can revise my form before it's run? I'm going in tomorrow to talk with the FFL who I submitted the form with to inquire further as well but figured maybe there's an attorney familiar with such a situation.. Thank you!
General Practice
Asked in Palm Beach Gardens, FL | | 2 answers
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Car Accident Lawyers in Tampa, FL
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Posted
When "you speak with people that suggest things" and then turn around and rely on those comments - its recipe for disaster. You need to KNOW that you are doing is proper when dealing with the government at every contact, and that usually means HIRING a lawyer to provide proper legal advice you can rely on. That stated - the claim you didn't know you were convicted of a domestic violence charge rings hollow to anyone that hears that explanation, as ANYONE arrested and prosecuted for domestic violence of any type knows full well what that means as the mere allegation is a huge stigma and a conviction even bigger and the instructions on a 4473 (page 5 or 6 if I recall) go to great detail on what this entails. That stated DO NOT talk to the FFL as there is no privilege with anything you say. Also do NOT make the same mistake twice as you would be wise to contact AND RETAIN a local criminal lawyer to help you address this properly. While the 4473 will likely just be declined if you are ineligible, I will disagree with my colleague about the potential for prosecution, especially with the current administration and the growing anti-gun push for "common sense gun control" (which is typically neither) where keeping DQ'd people from obtaining firearms is a core issue and an easy target for prosecutors. While the Feds seem to still rarely prosecute - don't forget that Florida has a leftist anti-gun Attorney General who seeks to run for Governor.. While hopefully nothing other than a denial comes of it - better to be prepared than make more mistakes and find yourself in a bigger bind. Here is an example - https://www.justice.gov/usao-mdfl/pr/jacksonville-man-pleads-guilty-making-false-statement-firearms-dealer
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Asker
Posted
Thank you for the advisem*nt on retaining a criminal lawyer. I think my biggest issue has been that when I call and inquire on my case, it's free consultations and I've been trying different areas of expertise- never really sure which area do I seek? An appellate attorney? A defense lawyer? My head has spun multiple times through my attempts to figure all of this out.. I am trying though.Through another advisem*nt from a separate question I asked here, I was told to contact clerk county comp trollers office and did so today.. They confirmed the end results of my case. Initially starting as domestic assault w/ deadly weapon, it was lessened to improper exhibition of a dangerous weapon. The inital charge, obviously a DV but the lesser was not a DV and while adjudicated guilty, it's for a misdemeanor.My concern here is that is a state statute. "Does this still fall under the ATF's definition of a domestic?" is of course my next concern.. One battle at a time I guess. Again, thank you for your advisem*nt.. And if I can find someone to retain, or if you could suggest someone, I would gladly reach out further.
Car Accident Lawyers in Tampa, FL
Posted
The problem is ALL you are doing is looking for the freebie consult and treating it as advice. You need to HIRE a lawyer, typically a criminal defense lawyer. Like I said, this involves NOT trying to solve this with freebie tidbits - so asking me to do the same thing I advise against, provide off the cuff answers that you can't rely on, tells me that the point hasn't sunk in yet. I have no means to address what ATF will look at, miss or ignore. For all I know they might approve the transaction today and kick it next time. Since YOU contend you answered it "incorrectly" - I take that at face value as the basis for my response. You can use the Find a Lawyer feature to locate criminal lawyers to help.
Asker
Posted
I did not ask you to address the ATF question - I only stated that is my next concern. I did however ask if you could recommend someone that I could retain. I see how the way I typed it can be misinterpreted so not a problem.. I appreciate your answers up to this point, everyone's been very helpful on here.
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General Practice Lawyer in Riverside, CA
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Posted
They won't prosecute you, but will likely deny it.
PLEASE DO NOT PRIVATE MESSAGE ME with followup questions.Instead, you may make a comment below, which will be sent to me automatically. If you need an attorney to assist you, please search in your local area, or click the "Find a Lawyer" link at the top of the page.I am active on AVVO and answer questions only as a public service.I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Contracts, Agreements, and Amendments require a paper document signed in ink.Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.
Asker
Posted
So probably shouldn't worry about bothering the FFL about the mistake?
General Practice Lawyer in Riverside, CA
Posted
No, they will run your record and if you are disqualified they will let you know.
General Practice Lawyer in Riverside, CA
Posted
You filled it out truthfully to the best of your knowledge.
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